QUOTE (Kaylee @ Sep 28 2008, 12:35 PM)
I have been contacted by periodically over the last year by a collection agency calling themselves Credit Bureau Services. ( URL DELETED)
When I asked for validation several months ago, among the papers I received was a copy of an "Acknowledgment of Receipt of Notice of Privacy Practices and Financial Responsibility for Services Provided".
This paper was dated
1-09-07. A year after they turned it over to the CA. And my name is in the signature section, but it is not my handwriting. They also have indicated my birthdate as 11 years prior to my actual one. There is a section for the name of the person (if not the above named) signing, but that was left blank.
It appears to me that the OC realized they initially didn't have this paperwork in their files, so they filled it out themselves prior to writing it off to the CA. Isn't that a violation of my civil rights? It seems to me that they forged my signature to imply that I agreed to them revealing my medical information to a collection agency, and that I infact agreed to be liable for that debt?
I appreciate any input on this topic one can provide on the HIPAA aspect, and the second part of my question continues below.
Thankyou.It has also been suggested to me that the name choice of the CA is a violation of the FDCPA, section 807 (16) which states:
QUOTE
807. False or misleading representations [15 USC 1692e]
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
I have been looking for Section 603(f) to read the exact definition, but have had no luck in finding it. I am hoping someone might have a link to that section they could post?
I would guess by their name they are a credit bureau, in the same way the big 3 are, so I called them to ask if I could receive a copy of my credit report from them.
The woman that answered said if I ordered it from them I would have to pay a fee because they have to order the copy from a "repository" as she called it,
that they don't have the information on hand, but if I qualified for a free copy then they had a 1-800 to the annual credit report service I could call.My last payment was
9-25-05 and it was turned over to collections on
1-26-06. Is a medical debt an open ended debt?
Opt out
http://whychat.5u.com/OPTOUTINST.HTMLGet old addresses deleted if possible
Check ALL your reports for unrecognized addresses, variations on your name and unauthorized inquiries.
Is this the ONLY such "fraudulent" medical account on your reports??
Is it on ALL 3 CRA reports??
They are NOT a "CRA" their use of the name "Credit Bureau Services" may be a violation of the FDCPA, or it may not.
The issue is that they have contacted you for payment on an medical account that is not yours.
After you have opted out and cleared off any addresses that are old or not yours from your reports, send any CRA where the account is reporting this;
http://whychat.5u.com/hipaadisp.htmlAt the same time send the CA this:
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date: _________ CMRR#____________
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to your attached letter.
This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
Please attach copies of:
Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.
Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.
Please note that the so called "documentation" you have provided is fraudulent and will be turned over to the proper authorities along with a complaint of ID theft/fraud as it contains neither my signature nor my date of birth .
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my credit reports.
Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns
I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as being subject to the HIPAA and (name of your State) medical privacy rules.
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
Your Name(PRINT OR TYPE DO NOT SIGN)File a complaint against this CA with the FTC for fraudulent collection activities, if there are other discrepancies on your reports put a fraud alert on your reports. Get your MIB report to see if that has been affected.
http://www.mib.com/html/request_your_record.htmlYou can get your free credit reports from:
To order, visit annualcreditreport.com, or call 1-877-322-8228